Cameron v. Orleans & Jefferson Railway Co.

Citations

• 108 La. 83

Syllabus

<p>Syllabus.</p> <p>1. One wlio furnishes ties and lumber to a contractor who is building a railroad and who has received payment for the same in accordance with the terms oi his contract has no claim against the company for which the road is being Duilt, where he has served no notice and taken no steps to preserve hia rights, and his seizure of the material which has been delivered to, and paid for by, such company is unauthorized.</p> <p>2. Where a contractor undertakes to build and equip a railroad, the mere fad that he has assembled material, suitable, and which he contemplates using, for that purpose, gives to the other contracting party no right to control his disposition of such material, and an injunction will not lie to restrain him from removing it elsewhere. Nor, does the fact that the other contracting party has given him information which has led to the obtention of such material make it obligatory upon the contractor to put it into the road or to sell it to the contractee at cost.</p> <p>3. Where one has furnished material to a contractor, engaged in building a rail road, in the honest belief that he will be protected by reason of the fact that the money to be used is to be drawn upon the joint checks of the contractor and Ihe company for which the road is being built, but it turns out that he is not protected, and the material furnished is in the possession of such com pany, but legally beyond his reach, and he levies a seizure upon property belonging to ihe contractor and also sues the company and seizes such mate rial, he is liable in damages to the company, but if it appears that the seiz ure, as against the contractor, is good and would, of Itself, have stopped the work no greater damages will be allowed than are clearly proven.</p> <p>4. Partnership, no doubt, results from intention, but the question in any given case, is, what is the intention of the parties? If, by their Representations, dealings, and conduct, it appears that they have agreed t